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september 2024

Supreme Court of India · 2024-09-02

N.M. Theerthegowda vs Y.M. Ashok Kumar

Citation / case number
2024 INSC 649
Court
Supreme Court of India
Petitioner
N.M. Theerthegowda
Respondent
Y.M. Ashok Kumar
Author
Hrishikesh Roy
Bench
Hrishikesh Roy

Judgment text excerpt

The Supreme Court upheld the trial court's order requiring the appellant to pay a total of Rs. 15,81,800 as deficit stamp duty and penalty on an unregistered agreement of sale dated 04.11.1996, citing Article 5(e)(i) of the Karnataka Stamp Act and the precedent set in ILR 2013 KAR 2099. The Court clarified that the Civil Court lacks discretion to impose a lesser penalty than ten times the deficit stamp duty. The appeal was dismissed, affirming the High Court's rejection of the appellant's arguments regarding the legality of the penalty imposed.

N.M. Theerthegowda vs Y.M. Ashok Kumar · Niyam